WHAT IS THE APOSTILLE AND WHEN IT IS NEEDED?
The countries have established the apostille system by signing the Hague Agreement on 5 October 1961 to prevent the circulation of international counterfeit documents. Although majority of the countries in the world have signed this treaty, there are some countries that do not sign the treaty. In this framework, an official document issued in a specific country requires apostille to be used abroad. Or in other words, for example, if a certificate issued in Turkey will be used within the borders of Turkey, it does not require apostille. But if it will be used in a country other than Turkey, apostille approval of the document is required. Hence, apostille gives international validity to the document. The Apostille proves that this document is not counterfeit and has been signed by representatives of the competent authorities. However, it does not mean that the apostille approves the content of the document. Apostille can be done without translation of the official document or apostille can be done after translation. Apostille authorities in our country are governorships, district governorships, courthouses and embassies in abroad. Apostille procedure is not charged.
What is the testament and how is it prepared?
First of all, the testament is a document that is valid in case of death. In case of the death of testate, testament shows how the assets will be distributed. The testate can cancel or change this testament at any time in writing. The testate may leave certain part his/her assets or all of his-her heritage to one or more persons. If the spouses wish, they can left a will individually, in favor of each other. There are many details of the preparation of a Testament, we will talk about the most common application here.
How TESTAMENTUM is done in TURKEY?
1- A health report is requested if testate is over 65 years old. The medical report between the ages of 60-65 is not mandatory but it has the benefits of being taken. It prevents possible objections from the beginning.
2- 4 passport photos.
3- ID card, if a foreigner, notary certified passport translation.
4- Citizen of Turkey and 2 witnesses who are not relatives of the testator.
5- If the testator is foreign and cannot speak Turkish language, must have a sworn translator who knows his / her own language.
POWER OF ATTORNEY
What is the power of attorney?
A power attorney is the right to act on behalf of a person or an authorization transfer. Vicarious, on the issues specified by the proxy giver, makes transaction on behalf of the proxy giver and these acts bind to the proxy giver with all the consequences as acting by the Vicarious.
Power of attorney shall include a wide range of powers and may be limited to a very limited or specific procedure. In terms of duration, the power of attorney can be arranged indefinitely or may be timed. The age of legation is 18 years, the proxy giver’s mental health must be good.
On what issues can the power of attorney be given?
In general, the powers of attorneys are given in the inheritance and transfer, retain a lawyer for the divorce cases, buying and selling vehicles and real estate agreements, deed transactions, for accounting and registration by companies authorizing accountants and financial advisors, stock transfer, recognition and enforcement transactions.
Which documents are needed for the power of attorney?
- Identity of the proxy giver (if foreigner, notarized sworn translation of passport and passport)
- Identification number of the person to be given power of attorney or if foreigner, name and surname as written form in the passport.
- 2 passport photos taken in the last 6 months (the number of copies to be taken are much, so the photos will be this amount)
- If the proxy giver is foreign and does not speak Turkish, a sworn translator
- If the power of attorney related to the title deed, must be photographed. In addition, divorce power of attorney is also made with a photograph.
How is the power of attorney prepared?
The person who gives the power of attorney, goes to the notary as personally and indicates that what matters he wants to give power of attorney and to whom he wants to give power of attorney. The power of attorney is prepared at the request of the proxy giver by the Notary public employees. The proxy giver gives his signature in the presence of the Notary, prepared in at least 2 copies, one copy to be stored in the notary public.
TITLE DEED TRANSACTIONS
The points should pay attention while foreigners have been buying real estate?
The first thing that the foreigners should pay attention is whether there are any restrictive records such as mortgages or attachment on this real estate. If he-she has been buying the apartment, he-she needs to find out whether the apartment has electricity, water, natural gas debts.
Useful information for the purchase of real estate for foreigners?
The maximum real estate that a foreign national can buy in the country is limited to 30 hectares. The purchase of real estate in military zones or security zones is subject to authorization. In the event that foreigners buy a real estate that is not built on land or area without building on it, within two years, they should prepare a project about what they plan to do in this land or field and give it to the relevant ministry or directorate for approval.
Residence permit is not compulsory to purchase property in Turkey. After the purchase of real estate, to get residence permit is easy. Foreigners who will buy real estate in Turkey;
1. Foreign natural persons,
2. Foreign legal entities,
3. Turkish companies which belong to foreign capital and established within the boundaries of Turkey.
Real estate purchases are made at the directorate of land registry in the region where the real estate is located. The foreigners who buy 250.000 $ real estate, immediately gain citizenship.
What documents are needed when obtaining the title deed?
Real estate current price document to be purchased from the relevant municipality. This document shows the average value determined by the municipality and if have an unpaid property tax, is given after payment is done.
- The identity of the buyer and seller or original of the passports and a notarized translation of the passports.
- Deed of real estate
- 2 photos of the buyer and 1 passport photo belonging to the seller.
- Foreign tax number which belongs to the foreigner part (Tax number can be taken immediately by going to the tax office with passport)
- If the foreigner does not know the Turkish language, the sworn translator.
- Payment of deed trade taxes.
- In the case of using power of attorney in the purchase or sale, the original of the power of attorney.
DEED POWER OF ATTORNIES
In case of taking of the notarial power of attorney in Turkey, it is enough to give the original to the DEED.
But if the power of attorney is prepared and sent in abroad:
If the power of attorney is prepared at a notary in one of the countries which signed The Hague Convention on 5 October 1961, photo and apostille annotation is sufficient. This power of attorney has been translated by a sworn translator in Turkey and used in making the notarized in DEED.
If the power of attorney is not in one of the signatories to the Hague convention signed on 5 October 1961 and is being prepared in a notary public in one of these countries, it is necessary to be taken and giving to the country’s embassy in Turkey.